Transnationalisation and Legal Actors: Legitimacy in Question

ISBN-13: 9780367727963 / Angielski / Miękka / 2021 / 254 str.

Bettina Lemann Kristiansen; Katerina Mitkidis; Louise Munkholm

Opis

This book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes.

Spis treści

1 Introduction;

Lauren Neumann and Kateřina Mitkidis;

PART I – TRANSNATIONAL TENDENCIES IN LAW;

2 Five Theses on the Dialectic of Unity and Plurality in Postnational Law;

Kaarlo Tuori;

3 The Politics of Transnational Law;

Thomas Gammeltoft-Hansen and Tanja Aalberts;

4 Transnationalism in the Arctic Ocean: Legitimacy Strategies of the Inuit Circumpolar Council, the European Union and China;

Cécile Pelaudeix;

5 Transnational Ecosystem-based Norms covering the Danish/Greenlandic;

Arctic Marine Area;

Ellen Margrethe Basse;

6 Brexit: A Note on the EU’s Interlegality;

Reza Banakar;

7 Beyond Nations and Continents? Harmony and Solidarity as Common;

Endeavours in a Digital Era of Populism, Propaganda and Fiction?;

Hanne Petersen;

PART II – DEVELOPING REGULATORY LEGITIMACY UNDER TRANSNATIONALISATION;

8 Development of Transnational Contract Law?;

Kateřina Mitkidis;

9 Towards the Participation of a Global Public in Transnational Law-making? Everyday ICT Platforms as Legitimacy Opportunities for Bottom-up Governance;

Karin Buhmann and Sameer Azizi;

10 Pushing Back International Human Rights Law – Counter Reaction to Transnational Law?;

Jens Vedsted-Hansen;

11 Balancing Legal Obligations in Europe’s Cooperation with Libya in the Fight against Migrant Smuggling;

Fenella M.W. Billing and Nikolas Feith Tan;

PART III – APPLICATION, ENFORCEMENT AND THE CHALLENGES OF LEGITIMACY;

12 Enforcing Transnational Labour Law in Local Contexts;

Louise Munkholm;

13 The Principle of Equality as a Transnational Principle;

Natalie Videbæk Munkholm and Christian Højer Schjøler;

14 How Domestic Courts May Shape International Commercial Law Norms;

Thomas Neumann;

15 Transnational Religious Law – Exemplified by the United Methodist Church;

Lisbet Christoffersen;

16 Is Formality Legitimacy? Defining the Obligations of Non-State Armed Groups;

Lauren Neumann;

CONCLUSION;

17 Transnationalisation and Legal Actors: Legitimacy in Question;

Louise Munkholm, Cécile Pelaudeix and Bettina Lemann Kristiansen;

O autorze

Bettina Lemann Kristiansen is Professor of Sociology of Law at the Department of Law, BSS, Aarhus University. Her research interests focus on sociology of law, access to justice, legal aid, legal adjudication by non-lawyers and general tendencies in law (especially welfare regulation), such as globalisation, digitalisation and pluralism.

Kateřina Mitkidis is Associate Professor at the Department of Law, BSS, Aarhus University. Her research interests cover sustainability and law, international law of contracts, international environmental law and pharmaceutical law. She is interested in the use of private law tools to advance public interests.

Louise Munkholm is Postdoctoral Fellow at the Department of Law, BSS, Aarhus University. Her research interests include sociology of law and legal cultures with focus on the local enforcement of international and national labour law.

Lauren Neumann is PhD candidate at the Department of Law, BSS, Aarhus University. Her research interests include the law of armed conflict, international human rights law, and the law relating to displacement.

Cécile Pelaudeix is Research Associate at PACTE Sciences Po Grenoble. Her research interests include international law and international politics with emphasis on environmental governance in the EU and in the Arctic region.